NEW YORK MARITAL SETTLEMENT AGREEMENT (NO CHILDREN)

NEW YORK MARITAL SETTLEMENT AGREEMENT (NO CHILDREN)

About this Form: This is a marital settlement agreement that may accompany the No-Fault Divorce form for use within the State of New York. This agreement is intended to help the parties formalize an allocation of their property and finances. Most courts will require a marital settlement agreement filed in conjunction with a COMPLAINT FOR DIVORCE within the State of New York.
New York Marital Settlement Agreement (No Children)

Marital Settlement Agreement (No Children)

MARITAL SETTLEMENT AGREEMENT

AGREEMENT made on
this ____________ day of ___________________, 20_____, by and between
_____________________________________ (hereinafter referred to as "Wife"), who
resides at ______________________________________________________________
[insert full residential address of Wife] and
_____________________________________ (hereinafter referred to as "Husband"),
who resides at ______________________________________________________________
[insert full residential address of Husband].

WHEREAS, we were
married on the ___________ day of _____________________, _______, in
_________________________, State of _________________________, and we now
mutually desire to dissolve our marriage and mutually agree to live permanently
separate and apart from each other, as if we were single;

WHEREAS, we each
have exercised good faith and have made fair, accurate, and complete disclosure
to each other regarding all financial and property matters pertaining to this
marital settlement agreement;

WHEREAS, we
mutually desire to settle by agreement all matters regarding our marital
affairs, personal and real property, and finances;

WHEREAS, we
mutually intend this agreement to be a final disposition regarding the marital
issues addressed herein and intend that this agreement be incorporated into any
subsequent JUDGEMENT FOR DIVORCE.

THEREFORE, in
exchange for the mutual promises herein contained, we agree to live separately
and to divide our property and finances according to the following mutually
agreed upon terms and conditions:

Husband
and Wife own the following real property as their family residence, located at
____________________________________________________________________

____________________________________________________________________.

Husband
and Wife agree that ____________________________ shall continue to reside at the
above mentioned family residence.

Rights,
responsibilities and expenses regarding the above mentioned family residence
shall be distributed as follows:

1)Title:

Husband shall have the
following rights of title and ownership in the family residence:
_____________________________________________________________________________
_____________________________________________________________________________

1) Husband agrees to pay and
assume all responsibility for the following debts:
_____________________________________________________________________________
_____________________________________________________________________________

2) Wife agrees to pay and
assume all responsibility for the following debts:
_____________________________________________________________________________
_____________________________________________________________________________

Husband
and Wife agree that from the date of this agreement, neither shall assume any
joint debt or liability. Husband and Wife agree that each shall be individually
responsible for all debts that he or she acquires subsequent to the date of this
agreement.

5.
TAX LIABILITY

Husband
and Wife agree that any joint tax liability shall be assumed as follows:

A.
Husband shall pay to Wife spousal support in the sum of
_____________________________ dollars ($______), _________________________
[specify "weekly" or "monthly"], beginning on the ____________ day of
__________________, 20 ____. Husband shall continue to pay this sum for a
period of ________________________, subject to the following mutually agreed
upon conditions:

B.
Wife shall pay to Husband spousal support in the sum of
_____________________________ dollars ($______), _________________________
[specify "weekly" or "monthly"], beginning on the ____________ day of
__________________, 20 ____. Wife shall continue to pay this sum for a period
of ________________________, subject to the following mutually agreed upon
conditions:

Husband
and Wife agree that upon final divorce or dissolution of the marriage, Wife
shall have the right to retain her married name or shall also have the right to
return to her maiden or former name: _________________________________ [insert
Wife's maiden name].

10.
FINAL AGREEMENT

This
agreement sets forth the entire agreement and understanding between the Husband
and Wife relating to the settlement of martial property and finances and
supersedes all prior discussions between us. No modification of or amendment to
this agreement, nor any waiver of any rights under this agreement, will be
effective unless in writing signed by the party to be charged.

11.
ACKNOWLEDGEMENT

Husband
and Wife acknowledge that each has entered into this agreement in good faith,
without any duress or undue influence. Each understands his or her right to
seek independent counsel regarding this agreement, and each has had the
opportunity to seek independent counsel prior to signing this agreement.

12.
CHOICE OF LAW

Husband
and Wife agree that this agreement shall be governed and construed in accordance
with the laws of the State of New York.

Signed
and dated this __________ day of _______________________, 20_____.

________________________________
________________________________

Wife Husband

________________________________
________________________________

Witness
#1 for Wife Witness #1 for Husband

________________________________
________________________________

Witness
#2 for Wife Witness #2 for Husband

CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC

STATE OF NEW YORK COUNTY OF ________________

This document was acknowledged before me on _______________ [Date] by
________________________________________________ [name of principal].

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